Disposed

Mohd. Naseem and Another v. State of U.P. Thru. Prin. Secy. Home Civils Ecrt. Lko. and Another

Allahabad HC19 Jan 2024/488/2024

Case brief

AI extract

What is this about?

An application to quash criminal proceedings based on a compromise was disposed of by directing the applicants to file the original deed. The court ordered verification of the compromise by the lower court within two months and stayed coercive action.

What did the court decide?

Direction to file original compromise deed for verification; stay on coercive action for two months until verification.

Mohd. Naseem and Another Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5835

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 488 of 2024

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Applicant :- Mohd. Naseem And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civils Ecrt. Lko. And Another Counsel for Applicant :- Suhail Kashif Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Vakalatnama, filed by Sri Rajesh Kumar, Advocate appearing for opposite party No.2, is taken on record.

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Heard learned counsel for the applicants, learned counsel for opposite party No.2 and learned A.G.A. for the State.

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The present application has been filed seeking quashing of the entire proceeding of Case No. 136 of 2024 ( State vs. Naseem and another ), arising out of Case Crime No. 1394 of 2022, u/s 406, 504 I.P.C., P.S. Kotwali Nagar, District Barabanki, including the charge sheet dated 15.5.2023 and cognizance order dated 3.1.2024.

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Contention of learned counsel for the applicants is that both the parties have settled their dispute amicably which was also reduced in a written compromise dated 12.1.2024. It is, therefore, requested to quash the impugned proceeding on the basis of the said compromise.

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Though this fact is not disputed by learned counsel for opposite party No. 2, but the said compromise is required to be verified before quashing the impugned proceeding.

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In view of the above, the applicants are directed to file original deed of the compromise before the C.J.M., Court No.18, Barabanki within a period of two weeks. On filing of such compromise, the court below will verify the same after summoning the parties and after verification of the aforesaid compromise, the court below will provide certified copy of the verified compromise to the parties.

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The aforesaid exercise of verification shall be completed within a period of two months and for a period of two months no coercive action shall be taken against the applicants in the aforesaid case.

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It is further provided that the parties are at liberty to file a fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified copy of compromise.

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With the aforesaid direction, the application is disposed of.

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Office is directed to return the the original deed of compromise to the counsel for the applicants after retaining photocopy of the same on record.

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Order Date :- 19.1.2024 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Naseem and Another v. State of U.P. Thru. Prin. Secy. Home Civils Ecrt. Lko. and Another

Case brief

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Mohd. Naseem and Another v. State of U.P. Thru. Prin. Secy. Home Civils Ecrt. Lko. and Another

Case brief

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